According to the Rome Statute of the International Criminal Court (ICC), crimes against humanity entail one or more prohibited criminal acts “committed as a part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack”.
Since Myanmar’s independence in 1948, the international community has witnessed the country’s peace and political stability perennially thwarted by an intermittent power struggle. Myanmar’s tediously long and violent intrastate conflicts and the staggering impact that the February 2021 coup d’état has had on the economy, human rights, social, and religious facets is nothing short of astronomical. Although the event is slipping away from media headlines, the situation seems to have escalated further. The country of 54 million is returning to autocracy, whilst demonstrating little to no hope of freedom for its citizens.
POLITICAL UNREST IN MYANMAR
At the time of independence, Burma (now Myanmar) established a democracy based on the parliamentary system. However, in 1962, the country came under its first military dictatorship, led by Ne Win, against the civilian elected government and established a military-controlled one-party, the Burma Socialist Programme Party (BSPP). Another phase of political conflict arose in the 1980s in the form of widespread public unrest, which was further exacerbated in 1988 when the armed forces, led by General Saw Maung, seized control of the government, leading to the downfall of the BSPP in 1989.
The 2010 elections, although highly flawed, became the anticipated instrument for a peaceful transition from authoritarian rule to a quasi-civilian government. Even though a similar victory was observed in the elections of 2015, when the National League for Democracy (NLD), led by Aung San Suu Kyi, came to power, the military continued to uphold significant control over key cabinet roles and national corporations.
The military takeover of Myanmar on 1 February 2021 shocked the world as the country had been on the cusp of a decade-long democratic transition since 2011, evoking mass discontentment and outbursts, leading to yet another series of violent conflicts. This new era of conflict began in the November 2020 election when the National League for Democracy (NLD) won an overwhelming majority, defeating the military-backed party. The Tatmadaw however, alleged electoral fraud, declared a year-long state of emergency and created a new State Administrative Council headed by Commander-in-Chief Min Aung Hlaing. They also arrested State Counsellor Aung San Suu Kyi, President Win Myint and other NLD leaders on charges of dubious offences.
MILITARY COUP: ITS IMPLICATION ON HUMAN RIGHTS
The political crisis swept away Myanmar’s unsteady but firm foundation and reversed almost a decade of democratic reforms and progress achieved. Negotiation to settle will be a rather daunting process, with both parties unwilling to return to the status quo ante. As a consequence of such a deadlocked conflict, human rights end up being compromised. Although the coup was abhorred and condemned by international commentators, the legislative, judicial, and executive powers were vested in the Commander-in-Chief to do as he pleased. The people of Myanmar launched a wide cry for help; they rejected, sustained, and sought massive peaceful protests and civil disobedience movements to fight against the cruelty of their situation. Gradually, the military began using force to subdue the opposition and consolidate power, which eventually led to a human rights crisis, resulting from the mounting violence against civilians.
The Tatmadaw also began abusing the legal framework to suppress free speech and expression, thereby enabling arbitrary deprivation of liberty. They also stripped away due process and the right to a fair trial by amending the Code of Criminal Procedure Amendment Law on 14 February 2021, which included the criminalisation of protestors for exercising their fundamental rights. These amendments led to the detaining of thousands of peaceful protestors, journalists, activists, and human rights defenders in particular.
To further tighten their grasp, they took over hospitals, and around 60 educational institutions, including schools, university campuses, and Buddhist facilities. The scale of human rights violations since the beginning of the coup is reported to have reached the threshold of heinous crimes against humanity such as murder, persecution, enforced disappearances, torture, and imprisonment. All are in violation of the fundamental rules of international law. This included methodically targeted killings and mass arrests, with torture and cruelty causing further deaths during confinement.
As of June, more than 800 people were killed and more than 6,000 people detained, according to the Assistance Association for Political Prisoners. Between February and May, there have been reports of 212 attacks against medical facilities, vehicles, and patients, with 14 deaths. Moreover, five media outlets had their licences revoked by the Junta to restrict independent coverage of anti-coup protests.
Progressively, people started forming self-defence groups to resist armed attacks and also organised offences against the military. The revival of hostility between the military authorities and ethnic groups, as a result of attacks against civilians during armed conflict in Kachin, Chin, northern Shan, Kayah, and Kayin states, breached the cease-fires that had been in place for several years. The coup d’état also increased forced displacement across the nation. Furthermore, it has been reported that as of June, more than 200,000 people have been displaced in the areas of armed conflict and humanitarian operations since the start of the takeover.
THE WAY FORWARD
The COVID-19 pandemic, combined with violence, displacement, a depreciating economy, and a looming humanitarian crisis, has wrecked people’s sense of security, identity, livelihood, and well-being. Furthermore, this crisis may jeopardise a decade of progress in poverty reduction, resulting in more than half of the country's population (22 million) living in poverty. The coup has evolved into a human rights catastrophe, with no signs of abatement. There is not a single indication of any efforts made by the military authorities to consider addressing these violations, nor is there any implementation of previous recommendations to tackle impunity and security sector reform, even with sanctions from the West looming over them. Hence, the international accountability efforts, that have been supported by the Human Rights Council, should be pursued and enhanced with full force.
It is likely that the Tatmadaw, being the country’s strongest institution, will survive. Monitoring the bleakness and volatility of Myanmar’s future due to Tatmadaw’s ongoing violent campaigns against combatants and civilians alike, it is now imperative for the international community to realise that to attain and preserve a certain level of stability, they must learn how to engage with the military group after the current political mayhem ends, and bring peaceful negotiations and dialogues to the table when all parties are willing. Humanitarian aid, on the other hand, must never cease. Instead, every capable nation should be encouraged to deliver aid to the vulnerable groups inside and along the borders of Myanmar until the country is stabilised and the people feel safe and secure in their homeland. Myanmar is in dire need of humanitarian assistance today more than ever before, and hence, this call for help should not go unheeded.
Melody Khuoltaikim Singson is a law student from Campus Law Centre, Faculty of Law, University of Delhi who often delves into legal research, content writing and editing with a profound interest in international law, relations, refugee law, human rights law, and peace, conflict & security studies and intends to pursue a Masters of Law degree in the same to further her knowledge and contribute meaningfully to what she considers her purpose.